A Third-Party Special Needs Trust is created by someone other than a beneficiary with disabilities. For example, the Establisher (creator) could be any person, parent, conservator or guardian. This trust allows the trust funds to supplement a beneficiary's needs without affecting eligibility for needs-based public benefits like Medicaid or SSI.
A Medicaid Set-Aside Trust is intended to set-aside part of a settlement or other funds to cover future medical or long-term care expenses resulting from a particular injury before Medicaid is billed. It is set-aside to preserve Medicaid eligibility.
A Medicare Set-Aside Trust reserves part of a settlement for future medical costs related to the injury that Medicare would otherwise cover. The funds are used first for injury-related care before Medicare is billed.
A Living Trust, also referred to as a Revocable Trust, is the most common type of Trust, under which the Establisher (creator) can provide direction as to distributions during lifetime and at death. The trust avoids probate at death and can be amended and revoked by the Establisher (creator) during lifetime.
A Preservation Trust, also known as a Settlement Preservation Trust, is used to hold and manage settlement money so it can be preserved and distributed over time rather than distributed at once. It is designed to protect the funds from misuse and creditors.